Last updated: June 13, 2023
Article 1 – LEGAL NOTICE
This website, accessible at the URL https://www.hyperline.co/ (the "Site"), is published by Meterly, a simplified joint-stock company with a capital of €1,302.75, registered with the Paris Trade and Companies Register under the number 909 894 305, with its registered office located at 13 rue du Mail, 75002 Paris, represented by BÉDOUT Lucas duly authorized.
(Hereinafter referred to as the "Seller").
The Site is hosted by Webflow Inc., located at 398 11th Street, 2nd floor, San Francisco, CA 94103.
The Director of Publication of the Site is BÉDOUT Lucas, who can be contacted by email at firstname.lastname@example.org.
Article 2 - SCOPE OF APPLICATION
These general terms of service (the "General Terms") aim to define and govern the contractual relationship between the Service Provider and any professional (a "Client") who has created an account and wishes to benefit from the services offered on the Site.
The provision of services offered to Clients on the Site is subject to the prior acceptance, without restriction or reservation, of these General Terms.
The General Terms are made available to Clients on the Site, where they can be directly consulted, and can also be provided to them upon simple request by any means.
The General Terms apply regardless of any contrary provisions contained in any documents issued by the Client, including its general terms of purchase.
The General Terms apply subject to any contrary provisions stated in the purchase order or any specific conditions, if applicable, agreed upon between the Company and the respective Client.
Article 3 - DESCRIPTION OF SERVICES
The purpose of the Site is to provide the following services online:
- Presentation of the Hyperline offer
- Collection of email addresses
(hereinafter referred to as the "Services").
Each Service presented on the Site is accompanied by a description stating its essential characteristics. This description may include descriptions, photographs, and graphics that are provided for illustrative purposes only and may be subject to modification/update on the Site.
Article 4 - REGISTRATION REQUIREMENTS
Any Client wishing to fully benefit from the Site and the Services must:
- Have full legal capacity and act strictly for professional purposes.
- Create their personal account on the Site by completing the various fields of the account creation form (business name, RCS number, contact person's name, email address, phone number, etc.).
- Confirm their acceptance of the General Terms.
- Confirm their registration.
Access to the Services is possible by connecting to the Site from a computer, smartphone, or tablet.
The use of the Services requires a high-speed internet connection and, if applicable, a mobile internet connection.
Clients are responsible for providing the necessary computer and telecommunication equipment to access the Site.
The Services can only be accessed from one connection at a time.
When creating an account with an email address, the Client is prompted to choose a password, which ensures the confidentiality of the information contained in their account.
To validate the registration, the Service Provider sends a confirmation email to the email address provided by the Client. The Client then activates their account by clicking on the hyperlink provided for this purpose in the confirmation email.
Each Client guarantees the truthfulness and accuracy of the information provided for their registration, agrees to notify any subsequent changes, and guarantees that such information does not infringe upon the rights of third parties.
The Client can modify this information, as well as their login credentials and password, from their account on the Site.
The Client undertakes not to disclose or transfer their account, login credentials, and password, and is solely responsible for their use until they are deactivated. The Client must immediately inform the Service Provider of any loss or unauthorized use of their account.
The Service Provider reserves the right to delete the account of any Client who has provided inaccurate information.
Article 5 - ORDERS
Any Client wishing to benefit from the online Services on the Site must:
- Log in to their Client account.
- Select the Services they wish to subscribe to.
- Provide the necessary information in the Client order form (name, address, email address, date of birth, phone number, etc.).
- Confirm their acceptance of the General Terms.
- Confirm their acceptance of the order for the Services.
- Choose their payment method.
- Make the payment for the Services.
Unless expressly stated on the Site, the Client will not be able to modify their order once it has been validated, and the order will be final and binding.
Upon receipt of the payment for the Services included in the order, the Service Provider will send a confirmation email to the Client at the email address provided by the Client.
The confirmation email will summarize the essential characteristics of the ordered Service(s), the total price, and any other relevant information. It will also include a tracking number for the Client's order.
By placing an order on the Site, the Client expressly agrees to receive an electronic invoice from the Service Provider. However, they may request a paper invoice by contacting Customer Service.
To combat fraud, the Service Provider or its payment or delivery service providers may request additional documentation from the Client or contact them at the time of order acceptance and/or shipment. In the event of the Client's unjustified refusal to provide the requested information and/or documentation, the Service Provider reserves the right to refuse or cancel the order without any possibility of dispute.
The Service Provider also reserves the right to refuse or cancel the order of any Client who has provided inaccurate information, has not made payment for the Services, has a dispute regarding payment for a previous order, or presents an abnormally high level of ordering.
Article 6 - OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider undertakes to make every effort necessary for the performance of the Services and its obligations under these General Terms and/or any other documentation concluded with the Clients, in compliance with legislative and regulatory provisions and the rights of third parties.
The Service Provider declares that it possesses the skills, experience, and resources necessary to provide the Services and assumes full responsibility for both the performance of the Services and the organization of its personnel's work, if applicable.
The Service Provider publishes the Services available on the Site and hosts the content uploaded by the Clients. The Service Provider acts as a technical service provider and does not exercise any control over the legality, accuracy, quality, or sincerity of the content uploaded by the Clients under their responsibility.
Consequently, the Clients acknowledge that the Service Provider qualifies as a hosting provider for the Site within the meaning of Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy.
However, the Service Provider undertakes to promptly remove any manifestly illegal content that is brought to its attention, particularly when the existence of such content has been notified to it by a Client in accordance with applicable regulations.
Furthermore, the Service Provider strives to ensure access to and proper functioning of the Site twenty-four hours a day, seven days a week.
However, the Service Provider cannot exclude the possibility that access to and functioning of the Site may be interrupted, particularly in cases of force majeure, malfunction of the Clients' equipment or internet network, telecommunication operator failure, power supply interruption, abnormal, unlawful, or fraudulent use of the Site by a Client or a third party, decisions by competent authorities, or for any other reason.
The Service Provider also reserves the right to make any modifications and improvements of its choice to the Site and the Services, related to technical advancements or proper functioning.
General and temporary interruptions of the Site and the Services will, whenever possible, be notified via the Site before they occur, unless such interruptions are of an urgent nature.
Article 7 - OBLIGATIONS OF THE CLIENT
Each Client undertakes to access and use the Site and the Services in a fair manner and in compliance with applicable laws and these General Terms.
The data and information communicated or uploaded by the Clients must be accurate, sincere, and fair and will be provided under their sole responsibility.
In general, each Client undertakes to:
- Ensure compliance, at all times, with the legal, social, administrative, and tax obligations applicable to their professional status.
- Not modify, alter, during the provision of the Services, their nature or terms of provision, except with the prior written agreement of the Service Provider.
- Pay the price for the Services under the conditions provided herein.
- Not distribute unlawful content or content that has the effect of diminishing, disrupting, slowing down, or interrupting the normal flow of data on the Site.
- Immediately report to the Service Provider any difficulty, reservation, or dispute arising during the performance of the Services or any abnormal, abusive, or fraudulent use of the Site of which they become aware.
In the event that a Client is responsible for a violation of the applicable legislation or infringement of the rights of third parties, the Service Provider reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police services), any information that allows or facilitates the identification of the infringing Client.
Article 8 - COMPLAINTS
In the event of non-performance or defective performance of the Services, the Client must notify the Service Provider and state their grievances and reservations within a period of thirty (30) calendar days from the date they became aware of it, in order to allow the parties to make their best efforts to reach an amicable settlement within a period of thirty (30) calendar days following the Client's initial notification.
If an amicable settlement is not reached under the aforementioned conditions and in the event of sufficiently serious non-performance by the Service Provider, the Client may terminate the General Terms under the conditions provided in Article 17 and, if applicable, obtain damages from the Service Provider to compensate for the suffered harm. The Client expressly waives the right to seek specific performance of the Services by the Service Provider or a third party or a proportional reduction of the price, in derogation of the provisions of Articles 1221, 1222, and 1223 of the Civil Code.
Article 9 - LIABILITY OF THE SERVICE PROVIDER
The Service Provider is subject to an obligation of means in providing the Services.
Each Client declares to be aware of the constraints and limitations of the Internet networks and may not, under any circumstances, hold the Service Provider liable for malfunctions in accessing the Services, the speed of opening and viewing the pages of the Services, the temporary or permanent unavailability of the Services, or the fraudulent use of the Site by Clients or third parties.
The liability of the Service Provider cannot be engaged:
- In the event of a failure to fulfill any obligation resulting from a fortuitous event or force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, labor disputes, social unrest, factory closures, floods, fires, production or transport failures not attributable to its own actions, supply disruptions, wars, riots, insurrections, and, more generally, any circumstances or events preventing the Company from properly fulfilling its obligations.
- In the event that the information, data, instructions, directives, materials, or media provided by the Client are incorrect or incomplete, and more generally, in the event that the non-performance or defective performance of the Services is wholly or partly due to the behavior, failure, or deficiency of the Client.
- In the event that certain services or features are not accessible on the Site due to a Client's deactivation of cookies via the browser software interface.
- In the event that the functionalities of the Site prove to be incompatible with certain equipment and/or features of a Client's computer hardware.
Each Client is also responsible for the content and information imported, stored, and/or published on the Site and undertakes not to employ any technical measures that may circumvent the technical protection measures implemented by the Service Provider to prevent any fraudulent use of the Site and the Services.
Each Client assumes sole responsibility for all measures necessary to ensure the integrity and backup of all their data, files, and documents and waives the right to hold the Service Provider liable for any damage to data, files, or any other document entrusted to the Service Provider in connection with the use of the Site and/or the Services.
Furthermore, each Client undertakes to indemnify the Service Provider against any claims, demands, oppositions, and any legal proceedings brought against it due to the Client's use of the Site or the Services.
In any case, the Service Provider shall not be liable for any indirect or immaterial damages or losses, such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of orders, loss of clientele, loss of business, commercial prejudice or disturbance, or damage to reputation, which may result from defective provision or non-provision of the Services.
The liability of the Service Provider may not exceed an amount equal to the price excluding taxes received from the Client for the provision of the Services during the last twelve (12) months.
In accordance with the provisions of Article 2254 of the Civil Code, any legal action by a Client against the Service Provider is subject to a one-year limitation period from the date on which the Client became aware or is presumed to have become aware of the harmful event.
Article 10 - RECORDING SYSTEMS
The computerized records kept in the computer systems of the Service Provider and its partners, under reasonable security conditions, will be considered as evidence of the communications and actions of the Clients and the Service Provider. The archiving of these elements is carried out on a reliable and durable medium, corresponding to a faithful and durable copy within the meaning of applicable regulations.
Each Client acknowledges the evidentiary value of the automated recording systems of the Site and declares that they waive the right to challenge them in the event of a dispute.
Article 11 - PERSONAL DATA
Article 12 - HYPERLINKS
The hypertext links available on the Site may redirect to third-party websites or partners. They are provided solely for the convenience of the Client to facilitate the use of resources available on the Internet. If the Client uses these links, they will leave the Site and agree to use the third-party sites at their own risk, or in accordance with the terms governing them.
In any case, the existence of a hypertext link to the Site from a third-party site or on the Site to a third-party site or partner does not engage the liability of the Service Provider in any way, particularly regarding the availability, content, and products and/or services available on or from that third-party site or partner.
The Client is not authorized to create one or more hypertext links on a third-party site linking to the homepage of the Site or to their profile page, except with the prior written authorization of the Service Provider.
Article 13 - INTELLECTUAL PROPERTY
The Service Provider is the sole owner of all content present on the Site, including but not limited to all texts, files, animated or non-animated images, photographs, videos, logos, drawings, designs, software, trademarks, visual identity, database, site structure, and all other elements of intellectual property and other data or information protected by French and international laws and regulations relating to intellectual property.
As a result, none of the content on the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or otherwise exploited, in whole or in part, by a Client or a third party, whether free of charge or for a fee, regardless of the means and/or media used, whether known or unknown to date, without the prior written authorization of the Service Provider. The Client is solely responsible for any unauthorized use and/or exploitation.
Furthermore, any extraction, integration, compilation, or commercial use of information contained in databases accessible on the Site, as well as any use of software, robots, data mining systems, and other data collection tools, is strictly prohibited for Clients.
However, subject to the Clients' compliance with these General Conditions, the Service Provider grants them a non-exclusive and non-transferable right to access the content on the Site, of which it is the full owner, to download and print it for personal and non-commercial use.
Article 14 - DURATION - SUSPENSION - TERMINATION
In the case of occasional sales or in accordance with specific conditions, these General Conditions are concluded for the duration of the provision of the Services, as mentioned, if applicable, in specific conditions or in the purchase order.
In the case of successive performance sales, these General Conditions are concluded for an initial duration of 1 year. In the absence of termination of these General Conditions within 1 month before the end of this initial duration, the provision of Services and the General Conditions are tacitly renewed for a new period of duration equivalent to the initial duration, under the prevailing pricing conditions at the date of renewal.
The Service Provider reserves the right to permanently or temporarily suspend a Client's access to the Site and Services in the event of the Client's failure to comply with its obligations under these General Conditions.
Moreover, the Service Provider or the Client may terminate the General Conditions automatically by sending a written notification:
- In the event of force majeure as referred to in Article 11 above;
- After notifying the other party in the event of a serious breach by that party of its obligations or under applicable laws and regulations, which has not been remedied within fifteen (15) days (where such breach can be remedied) following a written notification indicating the nature of the breach and the need to remedy it.
Article 15 - CONFIDENTIALITY
During the term of these General Conditions, each party may become aware of or receive confidential information, documents, and/or data regarding the other party. Therefore, each party undertakes, on its own behalf and on behalf of its representatives for whom it vouches, to maintain strict confidentiality of all confidential information, documents, and/or data of any nature relating to the results, activities, or clients of the other party, or any information received or obtained from a party in the course of the established contractual relationship.
This confidentiality commitment between the parties is valid for the duration of these General Conditions and for a period of two (2) years following their expiration or termination.
Article 16 - NOTIFICATIONS
Any written notification or summons required or permitted under the provisions of these General Conditions shall be validly made if it is sent by hand delivery or by a courier service with acknowledgement of receipt, by registered mail with proof of delivery, or by email (except in case of termination of these General Conditions), to the contact details of the relevant party, with each party choosing its registered office as the place of service.
Any change in the contact details of a party for the purposes of these General Conditions must be notified to the other party in accordance with the above-mentioned methods.
Notifications delivered by hand or by courier shall be deemed to have been made on the date of delivery to the recipient, as evidenced by the delivery receipt. Notifications made by registered mail with proof of delivery shall be deemed to have been made on the date of their first presentation at the recipient's address. Notifications made by email shall be deemed to have been made on the date of sending the email.
Article 17 - SEVERABILITY AND NO WAIVER
If any provision of these General Conditions is declared null or unenforceable for any reason under a law, regulation, or final court decision, it shall be deemed unwritten, and the other provisions shall remain in effect.
The failure of the Service Provider to enforce one or more provisions of the General Conditions temporarily or permanently shall not be construed as a waiver.
Article 18 - MODIFICATION
The Service Provider reserves the right to modify the content or location of the Site, the Services, and these General Conditions at any time and without prior notice.
Any use of the Site or Services following a modification to the General Conditions shall constitute acceptance by each Client of said modifications. The most recent and current version of the General Conditions will always be available on this page.
When the modifications to the General Conditions are considered substantial, they will be brought to the attention of the Clients by email and must be accepted by them upon their next login to the Site.
Article 19 - DISPUTES
Disputes that may arise in the context of the contractual relationship established between the Client and the Service Provider shall, as far as possible, be resolved amicably.
In the absence of an amicable settlement within one month from the notification by one of the parties, all disputes arising from the General Conditions, including their validity, interpretation, performance, termination, consequences, and consequences thereof, shall be submitted to the court of Paris.
Article 20 - APPLICABLE LAW & CONTRACT LANGUAGE
These General Conditions and the transactions arising therefrom are governed by and subject to French law. They are written in the French language. In the event of translation into one or more foreign languages, the French text shall prevail in the event of a dispute.